The rule of law in Switzerland is based on laws. But these are becoming obsolete, need to be modernized and new developments require completely new laws. When a new law is created, a huge machine is put into operation that often drags on for years. The arguments are usually about the same two questions: who gives the orders and who pays? But what seems cumbersome is the real strength of the process, experts say.
A law must be enforceable. This assumes that you take enough time for it. You don’t just write a law like that.
Much of this legislative work happens behind the scenes. This is shown by a concrete example, namely the new road law in the canton of Aargau. Radio SRF was able to accompany the process for several years. This provided insights into processes that normally take place behind the scenes. The result is a journey through Aargau – always with the question in mind: How is a law actually created?
It seethes because of dear money
Work on the new Aargau roads law will begin in mid-2018. The old law dates from 1970. It regulates how cantonal roads are built, maintained and financed. Among other things, it stipulates that municipalities must participate in the rehabilitation of cantonal roads that run through their area.
Legend:
In Wittnau im Fricktal, the canton is renovating the road that runs through the village. The community has to pay, and that tears a hole in the community coffers. Wittnau no longer wants to accept this.
SRF
According to the old law, poor communities have to pay a lower percentage than rich ones. As a result, certain communities only have to pay about a third of the costs. Others, on the other hand, have to take on much more. However, it is not clearly defined how these shares are calculated exactly. That is why there are constant disputes between the municipalities and the canton about the amount of the contributions. Dissatisfaction with the law is growing from all sides. It’s seething in the canton.
It’s like a pressure cooker, the pressure increases. Now the law needs to be revised
This is reflected in various initiatives from the cantonal parliament. Cantonal Councilor Regula Häseli from Wittnau im Fricktal, for example, demands that the canton should pay for its inner-city roads entirely itself. But the construction experts in the municipalities also criticize the unclear situation towards the government.
The big throw crashes
The government commissions the drafting of a new law. Hans-Martin Plüss becomes the project manager. He works on the staff of the canton’s building department and, with the support of the government, decides to take a big step and change the system. Away from contributions to individual projects towards a lump sum. The municipalities should simply pay a fixed four-percent tax each year into a fund for road projects.
Legend:
A lot of stress and sometimes a step backwards – Hans-Martin Plüss is project manager for the new Aargau road law.
SRF
Plüss presents his proposal to the Canton Municipality Coordination Committee (KKG). The committee consists of experts from various communities in Aargau. You will be informed at an early stage when the canton is working on a new law. They can express their opinion, but are not allowed to talk to anyone about the canton’s plans. The work behind the scenes of a law should not be disturbed by too early political or media interventions.
No, it can’t come out like that, no really not.
The panel rejects the first draft law. The experts from the communities, above all the Mayor of Gontenschwil, Renate Gautschy, fear that the communities will lose their say in the canton’s construction projects. Until now, the municipal assemblies have had to approve the contributions of the municipalities. This sometimes triggers heated discussions. The canton is therefore well advised to take a very close look at its construction projects with the municipalities.
Legend:
Renate Gautschy successfully defends herself against the first draft law.
SRF
A fixed flat rate per year would deprive the community meetings of the opportunity to have such discussions. Hence the “no” from the KKG. So the project management has to go back to the beginning, a whole year of work has been wasted.
The deadline is set, it’s urgent
At the new start, Hans-Martin Plüss is under pressure. He knows he still has five months until the bill goes to the hearing in mid-2020. So he has to give it his all. And it works: In June 2020, the government is inviting people to a media conference. The public is only now finding out that there is to be a new road law. At this point, two years of preparatory work have already been completed, all under the cloak of confidentiality.
At the media conference it becomes clear: The municipalities will continue to pay contributions per project. The flat rate is off the table. But the distribution key is new. The municipalities pay a fixed one-third for cantonal roads in built-up areas, the canton pays two-thirds.
Legend:
Councilor Stephan Attiger presents his ideas at the media conference. The public is only now learning about the new law – only two years after the start of the project.
SRF
The congregations are happy about this change of course. And they realize that they would have to pay a total of 10 million francs less per year. That is why they are putting pressure on the new law to come into force as quickly as possible, namely at the beginning of 2022 and not at the beginning of 2023.
The government is addressing this. And from then on, everything has to happen in quick succession: consultation, message to the cantonal parliament, work in the responsible committee, council debates, possibly a referendum, drafting the ordinance on the law, training the communities, entry into force at the beginning of 2022. The project management is under constant stress.
The consultation shows that the new financing is widely accepted. But when it comes to street lighting, there is growing opposition. The street lamps next to the cantonal roads in town should now belong to the canton – and not to the municipalities as before. Structurally, lamps and streets are a unit, so they should have the same owner, according to the canton’s argument. The communities are opposed to this.
I can’t imagine that the Great Council just wants to expropriate
The Aargau cantonal parliament, the Great Council, will discuss the new road law in March and June 2021. The government is backing down on streetlights. In the end, a small political miracle happens: the law, which has gone through a number of trials and tribulations, finally passes unanimously and has been in effect since January 1, 2022. It took four years of work. In the end, everyone is satisfied: the government, because the quarrels with finances are over. And the communities too: They save money, can still have a say in projects and are allowed to keep their street lamps.
SRF4 News. Simply politics from 03/11/2022